Anonxmous

Given that it was 'ín their presence' it's got nothing to do with whether it's a felony or not. Just whether a "public offence" of trespass was committed. So, trespass often exists in two different types, 'civil' trespass and 'criminal' trespass. So the CA specific trespass laws come into play as well.

Consensus

There's a recurring theme throughout the penal code that 'no tresspassing' signs must be "posted with signs
forbidding trespass, displayed at intervals of not less than three to
a mile, along all exterior boundaries and at all roads and trails
entering the private land." A single stone would not cut it. Anyone over there get a feel for whether they place them at least 3 to a mile?

xenudu

Copyright claim the shit out of that one.

Consensus

Ah, I see. So if they are arresting for a crime they didn't see committed, it must be a felony, but if they see it occur, it needn't be?

DeathHamster

Road flare? Okaaaay... I'd love to hear the explanation for that during court room cross-examination. "Uhhh, we thought the vehicle might be a hazard legally parked on a sideroad in the middle of scrub. Yeah, that's it."

Glad you hear that you're okay (except for the nail).

Might be a t-shirt in that:

I still wonder if those goons are even licensed security guards. (Required in California.)

"They should be taxed, the bastards. They shouldn't be tax-free; we're subsidising them. I like your masks." -- Dr Lomax-Smith, Education Minister, South Australia

Consensus

California Penal Code Section 602.8 - California Attorney Resources - California Laws seems to be the most applicable I've seen yet:
So... $75? That's the punishment? And they tackled him and stuck a knee on his neck for that? Certainly sounds excessive, but can we prove it's illegal?

Enturbulata

I more suspect that the cult's lawyers will now attempt to draw this out and keep AO in jail however wrongly. The cult will claim that AO is just one member of a terrorist group, and perhaps even attempt to involve the US Government to a degree. Of course all concerned except the cult already understand the wolf-crying that Scientology does concerning "terrorist groups" and "bomb threats" - so the only hope they have is to encapsulate this situation and keep it in Riverside's corrupted system.

I suspect that the only direction for Anonymous and Graham Berry (God bless him!) is to stay within the realm of the law, and publicize the incident and the case to all media outlets especially national news. Major news outlets already have background regarding Scientology and Anonymous thanks to the massive efforts this year. An 'update' is usually something a journalist can't resist. Let us feed them all they want.

SP Goodman
London

Enturbulata

The cult shall attempt to draw this out for a long protracted battle, because Hubbard said that they should use the courts to abuse critics. Preventing the human right of a Speedy Trial by the use of multiple legal delay maneuvers is something Moxon does before breakfast. Graham Berry is the man to help here. The media needs to be notified.

Anonxmous

Yup.

EDITED to put all the pertinent bits in one place:

The California Penal Code gives any citizen the right to make a citizen's arrest [when] a public offense was committed or attempted in the citizen's presence.

Any person who without written permission ... willfully enters upon ... unenclosed lands where signs forbidding trespass are displayed at intervals not less than three to the mile along all exterior boundaries and at all roads and trails entering the lands, is guilty of a public offense; [unless] that person is engaging in activities protected by the California or United States Constitution.

- but I'm not sure how that intersect with the grounds set out in CA PENAL CODE SECTION 602: [purpose to injure], [occupation], [unauthorized entry of property], [obstructing or intimidating business operators or customers], [refusal to leave private property] - are these separate and distinct, or do you have to BOTH wilfully enter AND be asked to leave?

The Scilons may try to play the [purpose to injure] line; but assuming [refusal to leave] is what the state relies on, then this applies [if] a person refuses or fails to leave land not open to the general public when requested to do so.

It may be that the boundary signage ties in to the 'not open to the general public' aspect - which would mean there would need to be signage along the ENTIRE boundary, AND they would have to ask him to leave first for the 'assault' to be an 'arrest'.

Alternatively, if they are not tied, it may be a lawful arrest if:
EITHER (1) the signage is valid and the activities were not protected
OR (2) they asked him to leave and he refused and the land is not open to the general public.

And finally the question of whether it was actually Scilon land? or if the public have certain rights of access alongside the highway verge?

Witholding someone -IS- an arrest; regardless of the police making the formal arrest later - the question is whether it was a legal arrest - highly unlikely - but expect lots of legal nonsense and black PR first...

ZORRO

well look like the scilons are trying to "make pr" after all they also said about the mass killing in a school all their lies
they gonna try to make a lot of "incidents"
so the lil' "victims" will be the bad guys I mean cult of sciencefictionology
who stole documents from legal and differents services and was raides by FBI in 1977,
who let some of them members dying in different and strange death
lisa mc pherson ?
eric rubio ?
patrick vic ?
gloria lopez?
who was involded in harassing PAULETTE COOPER and tried to kill her a few times ,
what hapened really to quentin hubbard how did he died ?
what really happened to shawn lonsdale how did he died ?
I won't " erncourage" any illegal acts or way of doing things differents
I am a french citizen we don't have the same laws
but I know how the bastards they do provoke
harass
provoke push yoy on sidewalks
speed up with cars and then stop in front of you all smiles
how they run after you and stop and turnback laughing loud histerically saying "got scared huh?"
some scilons tricks
but one thing for sure their cult and scam is dying
ANONYMOUS did a good job
and the game is not over
expect us anonymous says
we dont forget anonymous says
we do not forget anonymous says
and the show goes on and the cult is in stagnating ending hah hahahahahaha so goooooooooooood

basil

Didn't we just get one of those SLAPP things to stop that happening?

Redshirt

It seems that the comments section on the true youtube video has been attacked by Scilon sockpuppets. Either that or ITGs who'd shit themselves at the prospect of putting their money where their keyboards are and actually contributing to Chanology instead of hanging shit on it.

"The Red Shirt is a sci-fi idiom for the anonymous, the expendable, the smoking boots behind a boulder." -ThinkGeek.com

We shall fight them in the forums,
We shall fight them on the wikis,
We shall fight them on the chans and in the ircs,
We shall never surrender.

iaxiloll

Nice to know that you are safely at home bro.

Information is free.

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MY CHANNELHERE!!!FAKE CHANNELHERE!!!
Russian CHANNELHERE!!!
Scilon youtube Channel

not shure

Can you make a citizen's arrest? Yes. Can you be subject to litigation? Yes.

erm, no you can't detain them, that is illegal. You do have the power to make a a citzens arrest under CC837, but you cannot chose to detain a fellow citizen because you have the powah. (because you don't)

If you use any amount of force to effect the arrest, you MIGHT find yourself charged or sued for excessive or unlawful use of force. Any amout would be like placeing your hand on their shoulder. Pushing their face in the ground and cuffing them, you had better be a officer empowered to do so.



False imprisonment, illegal detention, yeah. (but the cult feels they are above those silly laws)

From my understanding you cannot restrain anyone unless they are continuing an attempt to inflict serious harm or deadly actions. Basically, you can walk away from a citizens arrest 99.8% of the time. (you can follow the person, but do not interfere with their freedom of movement)

If you do arrest and attempt to detain a citizen you are obligated to no more than reasonable force. If there is an empty field, who were these jokers trying to save?

Are they qualified to act as security guards, have they been properly trained?


Use of flares?

I believe the use of a flare in manner which it is not intended would constitute dangerous and irresponsible behaviors by unqualified security guards. I think you'll find it under illegal use of chemicals and/or fire, the fire dept might want check into that for you.

A flare being used behind your lonely vehicle is cause to believe your vehicle is about to become a case of arson. (or was there good cause for the flare). I would say if AO saw a flare being used by his car he may the right to chase off the perpetrator (again only using peaceful methods)


I think you have a new hobby AO, getting proper justice on you behalf.

Davey is NOT going to be happy

Anon556

When anon orange is out and cleared. this will only serve as one more exhibit to futher a vexious litigants suit.

Anonxmous

Yup - you do - but get it wrong and there is ZIP protection for you. Co$ is gonna pay AO loads and loads of moolah for this, but it's gonna take a while, and a lot of guts, and a lot of putting up with an awful lot of fair gaming, probably including family, friends, work, etc...

The following sections are from the California Penal Code (via a posting at Yahoo Answers)

834. An arrest is taking a person into custody, in a case and in the manner authorized by law. An arrest may be made by a peace officer or by a private person.

835. An arrest is made by an actual restraint of the person, ... The person arrested may be subjected to such restraint as is reasonable for his arrest and detention.

847. (a) A private person who has arrested another for the commission of a public offense must, without unnecessary delay, take the person arrested before a magistrate, or deliver him or her to a peace officer.

837. A private person may arrest another: 1. For a public offense committed or attempted in his presence.

xenudu

Yeah, there's a reason why I don't read youtube comment faggotry. Because that's exactly what it is. Total faggotry.

DiamondAnastasia

Am NOT saying what the scis bastards did was right NOR am I saying what AnonOrange and the other anons there were wrong.

TBH what AnonOrange did was pretty instintive really, the the guy saw something that was to him fishy so went to go suss it out, which we now realise was a Sci trap

I think what SHOULD of been done was you see something fishy been done either round or near a vehicle or building etc, call the police and stay a safe distance from said vehicle or building etc. Then WAIT till the POLICE come to check it out.


( I know I know, looking back over all this easy to say that things could of been dealt with better. Same thing to you AGP, yea keep doing as you are but need to ease up in the dealing with indivaul Scis ok AGP. )


Just reminds me of the time I was dog sitter for someone round my way.

I had gone round to their house, and their back door was wide open, (they had lodgers at the time) no car in the driveway. I saw the back door was wide open, and yea I went in to see if the person was upstairs or not, NO ONE about. Both dogs running about in the garden (dogs were shit in traffic aka not all that well trained) so the dogs could of got out and fucking killed. So I had to hang round the house til the person got home, (about 2-3 hours later).

BUT what I SHOULD of done was called the police and have THEM check the place out, and even ask the police to take the dogs into police kennals or something.


But still my point being is its instintive in both cases AnonOrange and the person I dog sat for, with their back door wide open. its only after you look back on it, you think "SHIT I should of done B instead of A"

Scientology

themadhair

^ This may prove to the single most important decision you made in chanology and you got it dead right. Learn from this dude.

Chanology is a flower that grew out of a hole filled with internet shoite. As long as that shoite provides nourishment, that flower will continue to thrive and bloom.

Anonymous Ireland

New to chanology? Want to know if there is Anonymous in your area? Find out at http://www.anonstillalive.com/

not shure

I don't think trespass on private property is a public offense, a ticket is public offense.

Trespassing is a property tort or common law tort. The exception for detention on torts.... False imprisonment - Wikipedia, the free encyclopedia

I am dying to know what legal authority they had to physically tie him up. (Homo novis Law???)